Common Position (EC) No 25/2000 of 30 March 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment
Date: 2000-03-30
Institutions: Council of the European Union
Subjects: EU environmental policy, EU programme, environmental impact, environmental protection, project evaluation

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Official Journal of the European Communities

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COMMON POSITION (EC) No 25/2000

adopted by the Council on 30 March 2000

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council of ...
on the assessment of the effects of certain plans and programmes on the environment

(2000/C 137/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1) Article 174 of the Treaty provides that Community policy
on the environment is to contribute to, inter alia, the
preservation, protection and improvement of the quality
of the environment, the protection of human health and
the prudent and rational utilisation of natural resources
and that it is to be based on the precautionary principle.
Article 6 of
the Treaty provides that environmental
protection requirements are to be integrated into the
definition of Community policies and activities, in par-
ticular with a view to promoting sustainable develop-
ment.

(2) The Fifth Environment Action Programme: Towards
Sustainability — A European Community programme of
policy and action in relation to the environment and
sustainable development (5), supplemented by Decision
No 2179/98/EC (6) on its review, affirms the importance
of assessing the likely environmental effects of plans and
programmes.

Environmental assessment is an important tool for integ-
rating environmental considerations into the preparation
and adoption of certain plans and programmes which are
likely to have significant effects on the environment in
the Member States, because it ensures that such effects of
implementing plans and programmes are taken into
account during their preparation and before their adop-
tion.

(4) The adoption of environmental assessment procedures at
the planning and programming level should benefit
undertakings by providing a more consistent framework
in which to operate by the inclusion of the relevant
environmental
information into decision-making. The
inclusion of a wider set of factors in decision-making
should contribute to more sustainable and effective
solutions.

(5) The

different

environmental

systems
operating within Member States should contain a set of
common procedural requirements necessary to con-
tribute to a high level of protection of the environment.

assessment

(6) The systems operating within the Community for
environmental assessment of plans and programmes
should ensure that there are adequate transboundary
consultations where the implementation of a plan or a
programme being prepared in one Member State is likely
to have significant effects on the environment of another
Member State.

(7) Action is therefore required at Community level to lay
down a minimum environmental assessment framework,
which would set out the broad principles of the environ-
mental assessment system and leave the details to the
Member States, having regard to the principle of subsidi-
arity. Action by the Community should not go beyond
what is necessary to achieve the objectives set out in the
Treaty.

(1) OJ C 129, 25.4.1997, p. 14, and OJ C 83, 25.3.1999, p. 13.
(2) OJ C 287, 22.4.1997, p. 101.
(3) OJ C 64, 27.2.1998, p. 63, and OJ C 374, 23.12.1999, p. 9.
(4) Opinion of the European Parliament of 20 October 1998 (OJ C
341, 9.11.1998, p. 18), Council Common Position of 30 March
2000 and the Decision of the European Parliament of ... (not yet
published in the Official Journal).

(5) OJ C 138, 17.5.1993, p. 5.
(6) OJ L 275, 10.10.1998, p. 1.

(8) This Directive is of a procedural nature, and its require-
ments should either be integrated into existing procedures
in Member States or incorporated in specifically estab-
lished procedures. With a view to avoiding duplication of
the assessment, Member States should take account,
where appropriate, of the fact that assessments will be
carried out at different levels of a hierarchy of plans and
programmes.

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(9) All plans and programmes which are prepared for a
number of sectors and which set a framework for future
development consent of projects listed in Annexes I and
II to Council Directive 85/337/EEC of 27 June 1985 on
the assessment of
the effects of certain public and
private projects on the environment (1), and all plans and
programmes which have been determined to require
assessment pursuant to Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and
of wild flora and fauna (2), are likely to have significant
effects on the environment, and should as a rule be made
subject to systematic environmental assessment. When
they determine the use of small areas at local level or are
minor modifications to the above plans or programmes,
they should be assessed only where Member States
determine that they are likely to have significant effects
on the environment.

(10) Other plans and programmes which set the framework
for future development consent of projects may not have
significant effects on the environment in all cases and
should be assessed only where Member States determine
that they are likely to have such effects.

(11) When Member States make such determinations, they
should take into account the relevant criteria set out in
this Directive.

(12) Some plans or programmes are not subject

to this

Directive because of their particular characteristics.

(13) Where an assessment is required by this Directive, an
environmental report should be prepared containing
relevant information as set out in this Directive, iden-
tifying, describing and evaluating the likely significant
environmental effects of implementing the plan or pro-
gramme, and reasonable alternatives taking into account
the objectives and the geographical scope of the plan or
programme; Member States should communicate to the
Commission any measures they take concerning the
quality of environmental reports.

(14) In order to contribute to more transparent decision-
making and with the aim of ensuring that the information
supplied for the assessment is comprehensive and reliable,
it is necessary to provide that authorities with relevant
environmental responsibilities and the public are to be
consulted during the assessment of plans or programmes,
and that appropriate time-frames are set, allowing suf-
ficient time for consultations, including the expression of
opinion.

(15) Where the implementation of a plan or programme
prepared in one Member State is likely to have a
significant effect on the environment of other Member
States, provision should be made for the Member States
concerned to enter into consultations and for the relevant
authorities and the public to be informed and enabled to
express their opinion.

(16) The environmental report and the opinions expressed by
the relevant authorities and the public, as well as the
results of any transboundary consultation, should be
taken into account during the preparation of the plan or
programme and before its adoption or submission to the
legislative procedure.

(17) Member States should ensure that, when a plan or
programme is adopted, the relevant authorities and the
public are informed and relevant information is made
available to them.

(18) Where the obligation to carry out assessments of the
effects on the environment arises simultaneously from
this Directive and other Community legislation, such as a
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (3), Directive 92/43/EEC (or
Directive .../.../EC establishing a framework for Com-
munity action in the field of water policy) (4), in order to
avoid duplication of the assessment, Member States may
provide for coordinated or joint procedures fulfilling the
requirements of the relevant Community legislation.

(19) A first report on the application and effectiveness of this
Directive should be carried out by the Commission five
years after its entry into force, and at seven-year intervals
thereafter. With a view to further integrating environmen-
tal protection requirements, and taking into account the
experience acquired, the first report should, if appropriate,
be accompanied by proposals for amendment of this
Directive,
in particular as regards the possibility of
extending its scope to other areas/sectors and other types
of plans and programmes,

(1) OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive

97/11/EC (OJ L 73, 14.3.1997, p. 5).

(3) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive

(2) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive

97/49/EC (OJ L 223, 13.8.1997, p. 9).

97/62/EC (OJ L 305, 8.11.1997, p. 42).

(4) To be inserted if that Directive is adopted before this one.

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objective of this Directive is to provide for a high level of
protection of
the environment and to contribute to the
integration of environmental considerations into the prep-
aration and adoption of plans and programmes with a view to
promoting sustainable development, by ensuring that,
in
accordance with this Directive, an environmental assessment
is carried out of certain plans and programmes which are likely
to have significant effects on the environment.

Article 2

Definitions

For the purposes of this Directive:

(a)

‘plans and programmes’ shall mean plans and programmes,
as well as their modifications:

— which are subject to preparation and/or adoption by
an authority at national, regional or local
level or
which are prepared by an authority for adoption,
through a legislative procedure by parliament or
government, and

— which are required by legislative, regulatory or adminis-

trative provisions;

(b) ‘environmental assessment’ shall mean the preparation of
an environmental report, the carrying out of consultations,
the taking into account of the environmental report and
the results of the consultations in decision-making and the
provision of information on the decision in accordance
with Articles 4 to 9;

(c)

‘environmental report’ shall mean the part of the plan
or plan or programme documentation containing the
information required in Article 5 and Annex I;

(d) ‘the public’ shall mean natural or legal persons, and their

associations, organisations or groups.

Article 3

Scope

An environmental assessment,

in accordance with
1.
Articles 4 to 9, shall be carried out for plans and programmes
referred to in paragraphs 2 to 4 which are likely to have
significant environmental effects.

Subject to paragraph 3, an environmental assessment

2.
shall be carried out for all plans and programmes,

(a) which are prepared for agriculture,

fisheries,
transport, waste management, water
energy,
management,
town and
country planning or land use and which set the framework

telecommunications,

industry,

tourism,

forestry,

for future development consent of projects listed in
Annexes I and II to Directive 85/337/EEC, or

(b) which, in view of the likely effect on sites, have been
determined to require an assessment pursuant to Article 6
or 7 of Directive 92/43/EEC.

Plans and programmes referred to in paragraph 2 which
3.
determine the use of small areas at local
level and minor
modifications to plans and programmes referred to in para-
graph 2 shall require an environmental assessment only where
the Member States determine that they are likely to have
significant environmental effects.

4. Member States shall determine whether plans and pro-
grammes, other than those referred to in paragraph 2, which
set the framework for future development consent of projects,
are likely to have significant environmental effects.

5. Member States shall determine whether plans or pro-
grammes referred to in paragraph 3 and 4 are likely to have
significant environmental effects either through case-by-case
examination or by specifying types of plans or programmes or
by combining both approaches, and in all cases taking into
account relevant criteria set out in Annex II.

6.
In the case-by-case examination and in specifying types
of plans and programmes in accordance with paragraph 5, the
authorities referred to in Article 6(3) shall be consulted.

7. Member States shall ensure that their conclusions pursu-
ant to paragraph 5 are made available to the public.

The following plans and programmes are not subject to

8.
this Directive:

— plans and programmes the sole purpose of which is to

serve national defence or civil emergency,

— financial or budget plans and programmes,

— plans and programmes falling under the 2000 to 2006
programming period under Council Regulation (EC)
No 1260/1999 of 21 June 1999 laying down general
provisions on the Structural Funds (1) or under the 2000
to 2006 and 2000 to 2007 programming periods under
Council Regulation (EC) No 1257/1999 of 17 May 1999
on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain regulations (2).

(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.

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Article 4

General obligations

Article 6

Consultations

The environmental assessment referred to in Article 3
1.
shall be carried out during the preparation of a plan or
programme and before its adoption or submission to the
legislative procedure.

1.
The draft plan or programme and the environmental
report prepared in accordance with Article 5 shall be made
available to the authorities referred to in paragraph 3 of this
Article and the public.

2.
The requirements of this Directive shall either be inte-
grated into existing procedures in Member States for the
adoption of plans and programmes or incorporated in pro-
cedures established to comply with this Directive.

3. Where plans and programmes form part of a hierarchy,
Member States shall, with a view to avoiding duplication of
the assessment, take into account the fact that the assessment
will be carried out,
in accordance with this Directive, at
different levels of the hierarchy.

The authorities referred to in paragraph 3 and the public
2.
referred to in paragraph 4 shall be given an early and effective
opportunity within appropriate time-frames to express their
opinion on the draft plan or programme
and the
accompanying environmental report before the adoption of
the plan or programme or its submission to the legislative
procedure.

3. Member States shall designate the authorities to be
consulted which, by reason of their specific environmental
responsibilities, are likely to be concerned by the environmen-
tal effects of implementing plans and programmes.

Article 5

Environmental report

4. Member States shall identify the public for the purposes
of paragraph 2, including relevant non-governmental organis-
ations, such as those promoting environmental protection and
other organisations concerned.

1. Where an environmental assessment is required under
Article 3(1), an environmental report shall be prepared in
which the likely significant effects on the environment of
implementing the plan or programme, and reasonable alterna-
tives taking into account the objectives and the geographical
scope of the plan or programme, are identified, described and
evaluated. The information to be given for this purpose is
referred to in Annex I.

The environmental report prepared pursuant to para-
2.
graph 1 shall include the information that may reasonably be
required taking into account current knowledge and methods
of assessment, the contents and level of detail in the plan or
programme, its stage in the decision-making process and the
extent to which certain matters are more appropriately assessed
at different levels in that process in order to avoid duplication
of the assessment.

3.
Relevant information available on environmental effects
of the plans and programmes and obtained at other levels of
decision-making or through other Community legislation may
be used for providing the information referred to in Annex I.

4.
The authorities referred to in Article 6(3) shall be
consulted when deciding on the scope and level of detail of
the information which must be included in the environmental
report.

5.
The detailed arrangements for the information and
consultation of the authorities and the public shall be deter-
mined by the Member States.

Article 7

Transboundary consultations

1. Where a Member State considers that the implemen-
tation of a plan or programme being prepared in relation to
its territory is likely to have significant effects on the environ-
ment in another Member State, or where a Member State likely
to be significantly affected so requests, the Member State in
whose territory the plan or programme is being prepared shall,
before its adoption or submission to the legislative procedure,
forward a copy of the draft plan or programme and the
relevant environmental report to the other Member State.

2. Where a Member State is sent a copy of a draft plan or
programme and an environmental report under paragraph 1,
it shall indicate to the other Member State whether it wishes
to enter into consultations before the adoption of the plan or
programme or its submission to the legislative procedure and,
if it so indicates, the Member States concerned shall enter into
consultations concerning the likely transboundery environ-
mental effects of implementing the plan or programme and
the measures envisaged to reduce or eliminate such effects.

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Where such consultations take place,
the Member States
concerned shall agree on detailed arrangements to ensure that
the authorities referred to in Article 6(3) and the public referred
to in Article 6(4) in the Member State likely to be significantly
affected are informed and given an opportunity to forward
their opinion within a reasonable time-frame.

3. Where Member States are required under this Article to
enter into consultations, they shall agree, at the beginning of
such consultations, on a reasonable time-frame for the dur-
ation of the consultations.

Article 8

Decision-making

The environmental report prepared pursuant to Article 5, the
opinion expressed pursuant to Article 6 and the results of any
transboundary consultations entered into pursuant to Article 7
shall be taken into account during the preparation of the plan
or programme and before its adoption or submission to the
legislative procedure.

Article 9

Information on the decision

1. Member States shall ensure that, when a plan or pro-
gramme is adopted, the authorities referred to in Article 6(3),
the public and any Member State consulted under Article 7 are
informed and the following items are made available to those
so informed:

(a) the plan or programme as adopted, and

report prepared pursuant

(b) a statement summarising how environmental consider-
ations have been integrated into the plan or programme
and the environmental
to
Article 5, the opinions expressed pursuant to Article 6 and
to
the results of consultations entered into pursuant
Article 7 have been taken into account in accordance
with Article 8 and the reasons for choosing the plan or
programme as adopted, in the light of the other reasonable
alternatives dealt with.

2.
For plans and programmes for which the obligation to
carry out assessments of the effects on the environment arises
simultaneously from this Directive and other Community
legislation, Member States may provide for coordinated or
joint procedures fulfilling the requirements of the relevant
Community legislation in order, inter alia, to avoid duplication
of assessment.

Article 11

Information, reporting and review

1. Member States and the Commission shall exchange
information on the experience gained in applying this Direc-
tive.

2. Member States shall communicate to the Commission
any measures they take concerning the quality of environmen-
tal reports.

3.
Before ... (*) the Commission shall send a first report on
the application and effectiveness of this Directive to the
European Parliament and to the Council.

With a view further to integrating environmental protection
requirements, in accordance with Article 6 of the Treaty, and
taking into account the experience acquired in the application
of this Directive in the Member States, such a report will be
accompanied by proposals for amendment of this Directive, if
appropriate. In particular, the Commission will consider the
possibility of extending the scope of this Directive to other
areas/sectors and other types of plans and programmes.

A new evaluation report shall follow at seven-year intervals.

The Commission shall report on the relationship between
4.
this Directive and Regulations (EC) No 1260/1999 and (EC)
No 1257/1999 well ahead of the expiry of the programming
periods provided for in those Regulations.

Article 12

Implementation of the Directive

2.
The detailed arrangements concerning the information
referred to in paragraph 1 shall be determined by the Member
States.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before ... (**). They shall forthwith inform the Com-
mission thereof.

Article 10

Relationship with other Community legislation

1.
An environmental assessment carried out under this
Directive shall be without prejudice to any requirements under
Directive 85/337/EEC and to any other Community law
requirements.

2. When Member States adopt the measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

Five years after the entry into force of this Directive.

(*)
(**) Three years after the entry into force of this Directive.

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3.
The obligation referred to in Article 4(1) shall apply only
to the plans and programmes of which the first formal
preparatory act
to the date referred to in
paragraph 1.

is subsequent

Before ... (*), Member States shall communicate to the
4.
Commission,
in addition to the measures referred to in
paragraph 1, separate information on the types of plans and
programmes which, in accordance with Article 3, would be
subject
to an environmental assessment pursuant to this
Directive. The Commission shall make this information avail-
able to the Member States. The information will be updated on
a regular basis.

Article 14

Addressees

This Directive is addressed to the Member States.

Done at ...

Article 13

Entry into force

For the European Parliament,

For the Council,

The President

The President

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Community.

(*) Three years after the entry into force of this Directive.

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ANNEX I

Information referred to in Article 5(1)

The information to be provided under Article 5(1), subject to Article 5(2) and (3), is the following:

(a) an outline of the contents, main objectives of the plan or programme and relationship with other relevant plans

and programmes;

(b)

the relevant aspects of the current state of the environment and the likely evolution thereof without
implementation of the plan or programme;

(c)

the environmental characteristics of areas likely to be significantly affected;

(d) any existing environmental problems which are relevant to the plan or programme including, in particular, those
relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives
79/409/EEC and 92/43/EEC;

(e)

the environmental protection objectives, established at international, Community or Member State level, which
are relevant to the plan or programme and the way those objectives and any environmental considerations have
been taken into account during its preparation;

(f)

the likely significant effects on the environment (1);

(g)

the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the
environment of implementing the plan or programme;

(h) an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was
undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in
compiling the required information;

(i)

(j)

a description of measures envisaged for monitoring the implementation of the plan or programme;

a non-technical summary of the information provided under the above headings.

(1) These effects should include secondary, cumulative, synergistic, short-, medium- and long-term permanent and temporary,

positive and negative effects.

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ANNEX II

Criteria for determining the likely significance of effects referred to in Article 3(5)

1. The characteristics of plans and programmes, having regard, in particular, to

— the degree to which the plan or programme sets a framework for projects and other activities, either with

regard to the location, nature, size and operating conditions or by allocating resources,

— the degree to which the plan or programme influences other plans and programmes including those in a

hierarchy,

— the relevance of the plan or programme for the integration of environmental considerations in particular

with a view to promoting sustainable development,

— environmental problems relevant to the plan or programme,

— the relevance of the plan or programme for the implementation of Community legislation on the

environment (e.g. plans and programmes linked to waste-management or water protection).

2. Characteristics of the effects and of the area likely to be affected, having regard, in particular, to:

— the probability, duration, frequency and reversibility of the effects,

— the cumulative nature of the effects,

— the transboundary nature of the effects,

— the risks to human health or the environment (e.g. due to accidents),

— the magnitude and spatial extent of the effects (geographical area and size of the population likely to be

affected),

— the value and vulnerability of the area likely to be affected due to:

— special natural characteristics or cultural heritage,

— exceeded environmental quality standards or limit values,

— intensive land-use,

— the effects on areas or landscapes which have a recognised national, Community or international protection

status.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 3 April 1997, the Commission sent the Council a proposal for a Council Directive on the
assessment of the effects of certain plans and programmes on the environment based on
Article 130s(1) (presently Article 175(1)) of the Treaty (1).

2. The European Parliament delivered its opinion on 20 October 1998 (2). The Economic and Social
Committee delivered its opinion on the proposal on 29 May 1997 (3), whereas the Committee of
the Regions gave its opinion on 20 November 1997 (4).

3. Following these opinions, the Commission forwarded an amended proposal to the Council on
19 February 1999 (5). The Committee of the Regions gave its opinion on the amended proposal
on 24 September 1999 (6).

4. On 30 March 2000, the Council adopted its common position in accordance with Article 251(2)

of the Treaty (former Article 189b)).

II. OBJECTIVES

The objective of the Directive is to provide for an environmental assessment to be carried out and the
results to be taken into account during the preparation and prior to the adoption of certain plans and
programmes likely to have significant effects on the environment. It is meant as a complement to the
environmental assessment of projects under the ‘EIA’ Directive (7), which takes place at a later stage
of the decision-making process.

III. ANALYSIS OF THE COMMON POSITION (8)

The Directive, as it was proposed by the Commission, appeared to raise considerable difficulties, due
mainly to the widely different systems and procedures in force in Member States as regards planning
and programming. In particular certain elements of the proposal, and chiefly its scope, appeared to
require further definition in order to avoid giving rise to implementation problems.

The Council sought therefore to introduce as large a measure of legal certainty as possible, by defining
more precisely the scope of the Directive and obligations for Member States. The obligation to carry
out the assessment was notably linked to requirements existing in Community legislation, while
Member States would have to evaluate the need for an assessment, on the basis of agreed criteria,
where such explicit link does not exist. This approach, namely the distinction between obligatory
assessment and assessment to be decided by Member States, is similar to that adopted for the EIA
Directive.

(1) OJ C 129, 25.4.1997, p. 14.
(2) OJ C 341, 9.11.1998, p. 18.
(3) OJ C 287, 22.9.1997, p. 101.
(4) OJ C 64, 27.2.1998, p. 63.
(5) OJ C 83, 25.3.1999, p. 13.
(6) OJ C 374, 23.12.1999, p. 9.
(7) Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment,

as amended by Directive 97/11/EC.

(8) The numbering of the recitals, Articles and Annexes follows that retained in the common position.

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The renewed emphasis on the concept of integration of environmental considerations in the definition
and implementation of other activities, as well as the acknowledgement of the principles of the
Aarhus Convention on access to information and public participation in decision-making were also
inspirational elements for the more recent work by Council on the proposal.

As a consequence of the above revised approach, the text of the proposal underwent a rather extensive
rewriting and restructuring.

A. AMENDED COMMISSION PROPOSAL

The Council followed, partly or in spirit, the European Parliament’s amendments accepted by the
Commission in its amended proposal, as well as elements of amendments proposed by the
Parliament but not retained by the Commission (a fuller and exhaustive list of sectors to which
the Directive would apply — cf. amendment 18, the explicit provision for information and
consultation of authorities and the public in the Member State likely to be affected by a plan or
programme prepared in another Member State — cf. amendment 28, and the introduction of a
reference to monitoring requirements in the environmental statement — cf. amendment 33). The
rewriting and restructuring of the text as earlier mentioned means that the amendments could
rarely be reproduced literally, and may be found in different locations in the text than in the
original proposal.

B. MAIN INNOVATIONS INTRODUCED BY THE COUNCIL

Preamble

The changes introduced in the preamble mirror those of the Articles.

Article 1 (Objectives)

introduced the idea of

The Council
integration of environmental considerations into the
preparation and adoption of plans and programmes as an important objective, alongside the
reference to sustainable development as requested by Parliament.

In line with the EIA model, the Council agreed to limit the scope to plans and programmes likely
to have significant effects on the environment.

Article 2 (Definitions)

The Article was simplified to contain definitions only, in order to arrive at a clearer separation
between definitions and scope than in the Commission proposal.

The definition of ‘plans and programmes’ was modified by clarifying that only plans and
programmes were covered which are required by legislative, regulatory or administrative
provisions and which are prepared and/or adopted by an authority or prepared by an authority
for a legislative procedure, having regard to the Member States’ different procedures and
regulations.

The definition of ‘competent authority’ which appeared to have different meanings under different
circumstances peculiar to Member States, was deleted.

‘Environmental statement’ was replaced by a more precise ‘environmental report’.

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Finally, a general definition of ‘public’ was introduced, inspired by that in the Aarhus Convention.

Article 3 (Scope)

This Article is completely new and reflects the modified approach decided by the Council. The
Commission proposal amended following the Parliament’s opinion already referred to plans and
programmes setting the framework for future development consent, and the Council agrees to
and builds on this approach. The Article states the principle that environmental assessment has
to be carried out as a rule for certain plans and programmes which are likely to have in all cases
significant environmental effects. These are identified as those which set the framework for future
development consent of projects listed in Annexes I and II to the EIA Directive, for an exhaustive
list of sectors, or which have an influence on protected areas pursuant to the ‘Habitat’ Directive.

For other plans and programmes which set the framework for future development consent of
projects, Member States determine whether they are likely to have significant environmental
effects, taking into account relevant criteria, set out in a new Annex II. This same procedure
applies to plans and programmes determining the use of small areas at local level or to minor
modifications of plans and programmes, as it was in principle already provided for in Article 4
(3) and (4) of the Commission proposal.

An obligation to consult concerned authorities is also provided for. A provision on public
information was transferred from Article 4 in the Commission proposal. Certain plans and
programmes of a particular nature (serving national defence or civil emergency, financial or
budget plans and programmes) are exempted. So are plans and programmes falling under the
programming period 2000 to 2006/2007 of the Structural Funds (cf. in this connection the
implementation date set out in Article 12 as well as comments to Article 11).

Article 4 (General obligations)

This Article results from the fusion of Articles 3 and 4 in the Commission’s proposal. A provision
has been added to allow avoiding duplication of work where plans and programmes form part of
a hierarchy and the assessment is carried out at different levels of the hierarchy.

Article 5 (Environmental report)

The Article was reformulated by retaining the principal requirements, including as regards the
assessment of reasonable alternatives, while a detailed description of the content of the report,
including additional elements, was set out in Annex I.

Article 6 (Consultations)

The Council sought to specify, in line with the Aarhus Convention, that the public to be consulted
includes relevant non-governmental organisations, such as those promoting environmental
protection and others.

Article 9 (Information on the decision)

In line with the change introduced in Article 5, this Article provides for information on the plan
in relation to reasonable alternatives. A reference to the ‘integration’ element was also added.

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Article 10 (Relationship with other Community legislation)

With a rationalising objective, the Council agreed that coordinated or joint procedures could be
provided for when obligations regarding an assessment arose from different pieces of legislation.

Article 11 (Information, report and review)

The review clause was made more explicit, in particular, regarding the possibility to extend the
scope of the Directive to other sectors and types of plans and programmes.

Furthermore,
in order to dispel any ambiguity resulting from the exemption of plans and
programmes related to the Regulations on Structural Funds for the period 2000 to 2006/2007,
the Commission was invited to report on the relationship between this Directive and those
Regulations in good time before the next programming period.

Article 12 (Implementation)

The Council agreed on a three-year period for the implementation of the Directive, given its
procedurally complex nature.

Annex I (Information to be provided — the report)

This Annex has been made more concise and at the same time more complete.

Annex II (Criteria for determining the likely significance of the environmental effects)

This Annex is new, and is partly inspired by the corresponding Annex to the EIA Directive.